A franchisee class action against United Petroleum over the installation of allegedly loss-making Pie Face stores at its franchise sites is fighting two applications for security for costs which it says can’t be met, as funders take little interest in the case.
NAB will fight a bid by a $78 million class action over the collapse of Walton Construction to add serious fraud allegations in the four-year-old case, which a judge said has been “mired in a procedural mess”.
A judge has rejected a bid by the administrator of a collapsed company to claw back a payment of security for costs made in earlier litigation, which he found did not give rise to a relevant security interest.
A judge has admonished a class action applicant over continuing delays in a four-year-old class action against NAB which he said “should not be allowed to languish any longer”.
A class action over the collapse of Walton Construction has argued the National Australia Bank cannot shield communications with Norton Rose Fulbright and Deloitte because they were made to further a fraud or otherwise had an illegal or improper purpose.
Optus has won more time to bring a counterclaim in a $100 million lawsuit by mobile retailer TeleChoice alleging it was misled when the telecommunications giant claimed it would earn the same revenue as in an agreement that was being negotiated with Telstra.
Fund manager Salter Brothers has been awarded more than $8 million in a breach of warranty suit against former Hendry Group boss Emma Hendry and related parties after they failed to comply with court orders in the case.
An appeals court challenge by a group of small businesses seeking coverage under business interruption insurance policies for losses flowing from COVID-19 restrictions has largely failed.
Salter Brothers’ multmillion dollar investment in advisory firm Hendry Group is worthless, a court has been told in the fund manager’s case alleging it was the victim of miseleading representations.
In rejecting a bid by The Star Entertainment Group to recoup losses stemming from the COVID-19 pandemic, the Federal Court’s Chief Justice did “real and unexplained violence” to the construction of a business interruption policy the casino giant had taken out with Chubb, the Full Court has heard.